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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 217 By: Garvin
AS INTRODUCED
An Act relating to the Oklahoma Juvenile Code;
amending 10A O.S. 2011, Section 2 -1-103, as last
amended by Section 2, Chapter 254, O.S.L. 2017 (10A
O.S. Supp. 2020, Section 2 -1-103), which relates to
definitions; modifying definitions; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 10A O.S. 2011, Section 2-1-103, as
last amended by Section 2, Chapter 254, O.S.L. 2017 (10A O.S. Supp.
2020, Section 2-1-103), is amended to read as follows:
Section 2-1-103. When used in the Oklahoma Juvenile Code ,
unless the context otherwise requires:
1. “Adjudicatory hearing” means a hearing to determine whether
the allegations of a petition filed pursuant to the provisions of
Chapter 2 of the Oklahoma Juvenile Code are supported by the
evidence and whether a j uvenile should be adjudged to be a ward of
the court;
2. “Alternatives to secure detention ” means those services and
facilities which are included in the State Plan for the
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Establishment of Juvenile Detention Services adopted by the Board of
Juvenile Affairs and which are used for the temporary detention of
juveniles in lieu of secure detention in a juvenile detention
facility;
3. “Behavioral health” means mental health, substance abuse o r
co-occurring mental health and substance abuse diagnoses, and the
continuum of mental health, substance abuse, or co -occurring mental
health and substance abuse treatment;
4. “Behavioral health facility ” means a mental health or
substance abuse facility as provided for by the Inpatient Mental
Health and Substance Abuse Treatment of Minors Act;
5. “Board” means the Board of Juvenile Affairs;
6. “Child” or “juvenile” means any person under eighteen (18)
years of age, except for any person charged and con victed for any
offense specified in the Youthful Offender Act or aga inst whom
judgment and sentence has been deferred f or such offense, or any
person who is certified as an adult pursuant to any certification
procedure authorized in the Oklahoma Juvenile C ode for any offense
which results in a conviction or against whom ju dgment and sentence
has been deferred for such offe nse;
7. “Child or juvenile in need of mental health and substance
abuse treatment” means a juvenile in need of mental health and
substance abuse treatment as defined by the Inpatient Mental Health
and Substance Abuse Treatment of Minors Act;
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8. “Child or juvenile in need of supervision ” means a juvenile
who:
a. has repeatedly disobeyed reasonable and lawful
commands or directives of the p arent, legal guardian,
or other custodian,
b. is willfully and volun tarily absent from his or her
home without the cons ent of the parent, legal
guardian, or other custodian for a substantial length
of time or without intent to return,
c. is willfully and voluntarily absent from school, as
specified in Section 10 -106 of Title 70 of the
Oklahoma Statutes, if the juvenile is subject to
compulsory school attendance, or
d. has been served with an ex parte or final protective
order pursuant to the Protection from Domestic Abuse
Act;
9. “Community-based” means a facility, program or service
located near the home or family of the juvenile, and programs of
community prevention, diversion, supervision and service which
maintain community participation in their planni ng, operation, and
evaluation. These programs may include but are n ot limited to
medical, educational, vocational, soc ial, and psychological
guidance, training, counseling, alcoholism treatment, drug
treatment, prevention and diversion programs, diversion programs for
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first-time offenders, transitional living, independent living and
other rehabilitative services;
10. “Community intervention center ” means a facility which
serves as a short-term reception facility to receive and hold
juveniles for an allege d violation of a municipal ordinance, state
law or who are alleged t o be in need of supervision , as provided for
in subsection D of Section 2 -7-305 of this title;
11. “Core community-based” means the following community -based
facilities, programs or servi ces provided through contract with the
Office of Juvenile Affairs as provided in Section 2 -7-306 of this
title:
a. screening, evaluation and assessment which includes a
face-to-face screening and evaluation to establish
problem identification and to determ ine the risk level
of a child or adolescent and may result in clinic al
diagnosis or diagnostic impression,
b. treatment planning which includes preparation of an
individualized treatment plan which is usually done as
part of the screening, evaluation and a ssessment,
c. treatment plan reviewing which includes a
comprehensive review and evaluation of the
effectiveness of the treatment plan,
d. individual counseling which includes face -to-face,
one-on-one interaction between a counselor and a
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juvenile to promote emotional or psychological change
to alleviate the issues, proble ms, and difficulties
that led to a referral, includ ing ongoing assessment
of the status and response of the juvenile to
treatment as well as psychoeducational intervention,
e. group counseling which includes a method of treating a
group of individuals usin g the interaction between a
counselor and two or mo re juveniles or parents or
guardians to promote positive emotional or behavioral
change, not including social skills development or
daily living skills,
f. family counseling which includes a face -to-face
interaction between a counselor and the family of th e
juvenile to facilitate emotional, psychological or
behavior changes and promote successful communication
and understanding,
g. crisis intervention counseling which includes
unanticipated, unscheduled fac e-to-face emergency
intervention provided by a lice nsed level or qualified
staff with immediate access to a licensed provider to
resolve immediate, overwhelming problems that severely
impair the ability of the juvenile to function or
maintain in the commun ity,
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h. crisis intervention telephone support which includes
supportive telephone assistance provided by a licensed
level provider or qualified staff with immediate
access to a licensed pr ovider to resolve immediate,
overwhelming problems that severely imp air the ability
of the juvenile to function or main tain in the
community,
i. case management which includes planned linkage,
advocacy and referral assistance provided in
partnership with a client to support that client in
self-sufficiency and community ten ure,
j. case management and home -based services which includes
that part of case management services dedicated to
travel for the purpose of linkage, advocacy and
referral assistance and tr avel to provide counseling
and support services to families of child ren as needed
to support specific youth and familie s in self-
sufficiency and community tenure,
k. individual rehabilitative treatment which includes
face-to-face service provided one -on-one by qualified
staff to maintain or develop skills necessary to
perform activities of daily living and successful
integration into community life, including educational
and supportive services regarding independent living,
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self-care, social skills regardin g development,
lifestyle changes and recovery principles and
practices,
l. group rehabilitative treatment which include s face-to-
face group services provided by qualified staff to
maintain or develop skills necessary to perform
activities of daily living a nd successful integration
into community life, including educational and
supportive services regarding independent livi ng,
self-care, social skills regarding development,
lifestyle changes and recovery principles and
practices,
m. community-based prevention services which include
services delivered in an individual or grou p setting
by a qualified provider designed to meet the services
needs of a child or youth and family of the child or
youth who has been referred because of identified
problems in the famil y or community. The group
prevention planned activities must be foc used on
reducing the risk that individuals will exp erience
behavioral, substance abuse or delinquency -related
problems. Appropriate curriculum -based group
activities include, but are not limited to, First
Offender groups, prevention and relationship
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enhancement groups, anger management groups, life
skills groups, substance abuse education groups,
smoking cessation groups, STD/HIV groups and parenting
groups,
n. individual paraprofessional services which include
services delineated in the treatment plan of the
juvenile which are necessary for full integrati on of
the juvenile into the home and community, but do not
require a professional level of education and
experience. Activities include assisting families
with Medicaid applications, assisting with school and
General Educational Development (GED) enrollme nt,
assisting youth with independent living arrangements,
providing assistance with educational problems and
deficiencies, acting as a ro le model for youth while
engaging them in community activities, assi sting youth
in seeking and obtaining employment, pr oviding
transportation for required appointments and
activities, participating in recreational activities
and accessing other required co mmunity support
services necessary for full community integration an d
successful treatment,
o. tutoring which includes a tutor and student working
together as a learning team to bring about overall
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academic success, improved self -esteem and increased
independence as a learner for the student,
p. community relations which i nclude public or community
relations activities dir ected toward the community or
public at large or any segment of the public to
encourage understanding, accessibility and use of
community-based facilities, programs or services,
q. children’s emergency resource centers that are
community-based and that may provide emergency care
and a safe and structured homelike environment or a
host home for children providing food, clothing,
shelter and hygiene products to each child served;
after-school tutoring; counse ling services; life-
skills training; transition ser vices; assessments;
family reunification; respite care; transportation to
or from school, doctors ’ appointments, visitations and
other social, school, court or other activities when
necessary; and a stable environment for children who
have been detained as delinquent or in need of
supervision and temporarily placed by a court, or
children in crisis who are in custody of the Office of
Juvenile Affairs if permitted under the Office ’s
policies and regulations or who have been voluntarily
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placed by a parent or custodian during a temporary
crisis,
r. transitional living programs which include a
structured program to help older homeless youth
achieve self-sufficiency and avoid long -term
dependence on social servic es,
s. community-at-risk services (C.A.R.S.) which include a
program provided to juveniles in custody or under the
supervision of the Office of Juvenile Affairs or a
juvenile bureau to pre vent out-of-home placement and
to reintegrate juveniles returning fr om placements.
The program shall include, but not be limited to,
treatment plan development, counseling, diagnostic and
evaluation services, mentoring, tutoring, and
supervision of youth in independent living,
t. first offender programs which include alte rnative
diversion programs, as defined by Section 2 -2-404 of
this title, and
u. other community-based facilities, programs or services
designated by the Board as core community -based
facilities, programs or services;
12. “Day treatment” means a program which provides intensive
services to juveniles who re side in their own home, the home of a
relative, or a foster home. Day treatment programs include
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educational services and may be operate d as a part of a residential
facility;
13. “Delinquent child or juv enile” means a juvenile twelve (12)
years of age or older who:
a. has violated any federal or state law or municipal
ordinance except a traffic statute or traffic
ordinance or any provision of the Oklahoma Wildlife
Conservation Code, the Oklahoma Vessel an d Motor
Regulation Act or the Oklahoma Boating Safe ty
Regulation Act, or has violated any lawful order of
the court made pursuant to the provisions of the
Oklahoma Juvenile Code, or
b. has habitually violated traffic laws, traffic
ordinances or boating saf ety laws or rules;
14. “Dispositional hearing ” means a hearing to determine the
order of disposition which should be made with respect to a juvenile
adjudged to be a ward of the court;
15. “Executive Director” means the Executive Director of the
Office of Juvenile Affairs;
16. “Facility” means a place, an institution, a building or
part thereof, a set of buildings, or an area whether or not
enclosing a building or set of buildings which is used for the
lawful custody and treatment of juveniles. A facili ty shall not be
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considered a correctional facility subject to the provisions of
Title 57 of the Oklahoma Statutes;
17. “Graduated sanctions” means a calibrated system of
sanctions designed to ensure that juvenile offender s face uniform,
immediate, and consistent consequences that correspond to the
seriousness of each offender ’s current offense, prior delinquent
history, and compliance with prior interventions;
18. “Group home” means a residential facility with a program
which emphasizes family -style living in a homelike environment.
Said group home may a lso offer a program within the community to
meet the specialized treatment needs of its residents. A group home
shall not be considered a correctional facility subject to the
provisions of Title 57 of the Oklahoma Statutes;
19. “Independent living progra m” means a program designed to
assist a juvenile to enhance skills and abilities necessary for
successful adult living and may include but shall not be limited to
minimal direct staff supervision and suppo rtive services in making
the arrangements necessary for an appropriate place of residence,
completing an education, vocational training, obtaining employment
or other similar services;
20. “Institution” means a residential facility offering care
and treatment for more than twenty residents. An institutio n shall
not be considered a correctional facility subject to the provisions
of Title 57 of the Oklahoma Statutes. Said institution may:
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a. have a program which includes c ommunity participation
and community-based services, or
b. be a secure facility with a program exclusively
designed for a particular category of resident;
21. “Juvenile detention facility ” means a facility which is
secured by locked rooms, buildings and f ences, and meets the
certification standards of the Office and which is entirely sepa rate
from any prison, jail, adult lockup, or other adult facility, for
the temporary care of children. A juvenile detention facility shall
not be considered a correctiona l facility subject to the provisio ns
of Title 57 of the Oklahoma Statutes;
22. “Municipal juvenile facility ” means a facility other than a
community intervention center that accepts a child under eighteen
(18) years of age charged with violating a municip al ordinance and
meets the requirements of Section 2-2-102 of this title;
23. “Office” means the Office of Juvenile Affairs;
24. “Peer Review” means an initial or annual review and report
to the Office of Juvenile Affairs of the organization, programs,
records and financial condition of a Youth Services Agency by the
Oklahoma Association of Youth Services, or another Oklahoma
nonprofit corporation whose membership consists solely of Youth
Services Agencies and of whom at le ast a majority of Youth Services
Agencies are members. An annual review may consist of a review of
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one or more major areas of the operation of the Youth Services
Agency being reviewed;
25. “Person responsible for a juvenile ’s health or welfare”
includes a parent, a legal guardian, cust odian, a foster parent, a
person eighteen (18) years of age or older with whom the ju venile’s
parent cohabitates or any other adult residing in the home of the
child, an agent or employee of a public or private residential h ome,
institution or facility, or an owner, operator, or employee o f a
child care facility as defined by Section 402 o f Title 10 of the
Oklahoma Statutes;
26. “Preliminary inquiry” or “intake” means a mandatory,
preadjudicatory interview of the juvenile an d, if available, the
parents, legal guardian, or other custodian o f the juvenile, which
is performed by a duly author ized individual to determine whether a
juvenile comes within the purview of the Oklahoma Juvenile Code,
whether nonadjudicatory alternative s are available and appropriate,
and if the filing of a petition i s necessary;
27. “Probation” means a legal status created by court order
whereby a delinquent juvenile is permitted to remain outside an
Office of Juvenile Affairs facility directly or by c ontract under
prescribed conditions and under supervision by the O ffice, subject
to return to the court for violation of any of the conditions
prescribed;
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28. “Rehabilitative facility ” means a facility maintained by
the state exclusively for the care, edu cation, training, treatment,
and rehabilitation of juveniles in ne ed of supervision;
29. “Responsible adult” means a stepparent, foster parent,
person related to the juvenile in any manner who is eighteen (18)
years of age or older, or any person having a n obligation and
authority to care for or safeguard the juvenile i n the absence of
another person who is eighteen (18 ) years of age or older;
30. “Secure detention” means the temporary care of juveniles
who require secure custody in physically restricting facilities:
a. while under the continuing jurisdiction of the cou rt
pending court disposition, or
b. pending placement by the Office of Juvenile Affairs
after adjudication;
31. “Secure facility” means a facility, maintained by the state
exclusively for the care, education, training, tr eatment, and
rehabilitation of del inquent juveniles or youthful offenders which
relies on locked rooms and buildings, and fences for physical
restraint in order to control behavior of its residents. A secure
facility shall not be considered a correctional facility subject to
the provisions of Title 57 of the Oklahoma Statutes;
32. “Transitional living program ” means a residential program
that may be attached to an existing facility or operated solely for
the purpose of assisting juveniles to develop the s kills and
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abilities necessary for successful adult living. Said program may
include but shall not be limited to reduced staff supervision,
vocational training, educational services, employment and employment
training, and other appropriate independent liv ing skills training
as a part of the transitional living program; and
33. “Youth Services Agency” means a nonprofit corporation with
a local board of directors, officers and staff that has been
designated by the Board as a Youth Services Agency, that is p eer
reviewed annually, and that pr ovides community-based facilities,
programs or services to juveniles and their families in the youth
services service area in which it is located.
SECTION 2. This act shall become effective Novembe r 1, 2021.
58-1-1653 TEK 12/31/2020 2:18:29 PM